Assam Police to soon have separate investigation wing: State tells Gauhati High Court

The Gauhati High Court was recently informed that the Assam Police would soon have a separate 'investigating wing' and similar developments are taking place in the States of Arunachal Pradesh, Mizoram and Nagaland [Suo Motu PIL vs State of Assam]..A division bench of Justices Achintya Malla Bujor Barua and Robin Phukan was informed that as mandated by the Court's order passed on January 31, 2020, the States have taken progressive steps to comply with the same for separating investigation from the general duties of the police personnel. IPS officer Nitul Gogoi, the Inspector General of Police (Administration), Assam, who was present before the bench, said that a tentative list of the persons who would be suitable for investigation wing, has already been drawn up."Certain preliminary training had also been imparted at the level of the police training institutes and in the Judicial Academy of Assam. However, there is also a requirement that a Cabinet decision be taken for the purpose to implement the separation of the investigating wing and for the purpose a draft of the Cabinet memorandum had already been prepared which had been placed before the Government," the IPS officer submitted..Further, senior government advocate D Nath sought some time to place on record some more updates in this case. The bench, however, clarified that implementing this order to have separating investigating teams distinct from general duties of the police force, would not require additional finance."Upon deliberation, we can also observe that separating the investigating wing may not incur any additional financial implication, other than for certain marginal financial implications and further creating of the wing would be within the existing police force," the bench observed. .On the next date, the bench asked, Assam Government to respond with a specific road map and timeline for implementing the orders for separating the investigating wing.A similar direction was issued to the State of Arunachal Pradesh asking it to spell out the steps taken for implementing the Court's order, including the preparation of the list of persons to be included in the investigating wing..The bench highlighted that there is a "public interest" requiring the separation of the investigating wing.During the hearing, Mizoram's Director General of Police - Thomas Zodingliona, pointed out that as per certain reports, the rate of conviction in Mizoram is very high. "The statement is encouraging but at the same time we also feel that there is a requirement to separate the probe wing and if it had been done and the investigation is more professionally done, the rate of conviction may even be higher," the bench recorded in the order.Therefore, Mizoram government was ordered to file an affidavit placing on record the road map and the timeline to separate the investigating wing and what immediate steps had been taken for implementing the same. Similar directions were issued to the Nagaland government as well. While the three States have been asked to file their affidavits before February 28, the Nagaland government was asked to file its affidavit on March 14, as it is slated to have assembly elections soon. .[Read Order]